
m 



NEW YORK 
STATE GOVERNMENT 



BY ~7M 

EDGAR W. AMES, B.A. 

HEAD OF THE DEPARTMENT OF HISTORY 
TROY HIGH SCHOOL, TROY, N.Y. 



Nefo garfe 
THE MACMILLAN COMPANY 

1911 

All rights reserved 

Copyright, 1911, 
By THE MACMILLAN COMPANY. 



Set up and electrotyped. Published February, ign. 



^ 



V 



- 






PREFACE 

This supplement to Ashley's American Government has 
been written to add whatever material may be necessary 
to cover the work outlined by the Department of Education 
in the Syllabus in Civics. The manner of presentation 
which the Syllabus advises has been carefully followed, 
and practically all the points pertaining to the government 
of New York State have been covered. When possible, 
references are given to the text of American Government, 
so that the government of State and nation may be as 
closely correlated as possible. 

Special acknowledgments are due to Mr. Earl Thompson 
of Syracuse, N7Y., Mr. A. A. Newbury of Albany, N.Y., 
Mr. Lindol E. French of Troy High School, for valuable 
suggestions, and particularly to my wife for her great help 
in preparing the manuscript and in reading the proof. 

EDGAR W. AMES. 
Troy, New York, 
January 1, 1911. 



dii ~ » ntjittlfi A 



NEW YORK STATE GOVERNMENT 

CHAPTER I 

INTRODUCTION 

In beginning the subject of civil government, the Sylla- N. T. State 
bus of the Department of Education recommends as follows : ^fS^ ** 
Make a list of some twenty or more services rendered to p. 137. 
the pupils or their families by some governmental unit, and 
classify these as rendered by, — 

a. The school district, 

b. The town, village, or city, 

c. The State, 

d. The nation, 

and discuss the relative importance of these various services 
to the well-being of the pupil. 
Discuss the following questions : 

1. Why are not these services left to individuals to 
perform ? 

2. What are the advantages and disadvantages of co- 
operation ? 

3. Why is there need that the individual surrender some 
of his rights in any organized community ? 

4. When have the citizens in our early history exercised 
cooperative control ? 

Read Dunn, The Community and the Citizen, Chapters 
I-VI; Smith, Training for Citizenship, Chapter V; Ashley, 
American Government, pp. 3-5; James and Sanford, Gov- 
ernment in State and Nation, Introduction. 

Review the early settlement of your community, and see 
wherein the above questions may apply to its conditions. 

3 



NEW YORK STATE GOVERNMENT 



CHAPTER II 



THE SCHOOL DISTRICT 



School 
district. 



School 
meeting. 

Laws of 
N. Y., 1910, 
Chap. 442, 
art. 194. 



Voters at 
a school 
meeting. 



Supervising 
districts. 



The school district is a miniature commonwealth, and 
exercises its authority on thoroughly democratic principles. 
It is independent of towns, villages, and other governmental 
divisions, for it may include an entire town or parts of two 
or three towns and yet not lose its individuality as a district. 
As in the town meeting of New England, the people meet 
to carry on the affairs of the school district. This meeting is 
really more democratic than the New England meeting, for 
at the district school meeting both men and women are 
legally qualified voters, and as such may discuss all the 
affiairs of the district. 

The annual school district meeting is held on the first 
Tuesday in May at 7.30 o'clock in the evening. Any person 
who owns or hires property in the district, or who is a parent 
of a child of school age that has attended school the re- 
quired number of days, or who is assessed on the tax roll of 
the town for $50 of personal property, may vote at the 
meeting. At this time are chosen the officers of the dis- 
trict, the trustees, district clerk, district collector, and 
sometimes a treasurer. Taxes are voted for the purpose of 
purchasing apparatus, books for the library, and for other 
expenses of the district. 

The legislature of 1910 completely revised the laws of 
the State in regard to educational matters. The old school 
commissioner district was done away with, and the territory 
included in the former districts of the State, outside of 
cities and of school districts of 5000 population or more 
which employ a superintendent of schools, is organized and 
divided into supervising districts, no town, however, being 
divided. The territory of the districts is arranged so that 
there is as equal a division of the territory and number of 
districts as possible. This division was made by the school 



NEW YORK STATE GOVERNMENT 5 

commissioners of each old commissioner district and the Laws of 
supervisor of each town in the county, who met the third j^^'ifi^' 
Tuesday in April, 1911, the notice of the meeting being sent arts. 380-' 
out by the county clerk, who forwarded the results of the 398 - 
meeting to the Commissioner of Education. The number 
of the districts in a county varies with the population, 
being not less than one nor more than eight. 

Officers 
I. School Directors. 

A. Number: Two school directors are chosen in each School 
town for a term of five years, at the general election. The directors - 
director vacates his office by removal from the town or by 

filing a written resignation with the town clerk. Vacancies 
are filled by the town board. Before entering upon the 
performance of his duties, the director takes the oath of 
office prescribed by the constitution, before a justice of the 
peace or a notary public, and this is filed in the office of the 
town clerk. The salary of the directors is two dollars for 
each day's service, and traveling expenses. 

B. Duties : The school directors meet for organization 
on the third Tuesday in May following their election, and 
organize by choosing a chairman, clerk, and two inspectors 
of election. On the third Tuesday in June, the board meets 
and elects a district superintendent of schools, the voting 
being by ballot. 

IT. The District Superintendent.. 

A. Qualifications and Removal from Office. — To be eli- District 
gible for election to this office a person must be twenty-one superii*- 
years old, a citizen of the United States, and a resident of 
the State, but not necessarily a resident, of the district for 
which he is elected at the time of election. No person is 
ineligible on account of sex. In addition he must possess 
a certificate authorizing him to teach in any of the public 
schools of the State, and must pass an examination on the 
supervision of courses of study in agriculture and the teach- 



6 



NEW YORK STATE GOVERNMENT 



School 
trustees. 



The 

attendance 

officer. 



ing of the same. He may be removed from office by the 
Commissioner of Education because of incompetency, neglect 
of duty, or immoral conduct. 

B. Term of Office and Salary. — He holds office for five 
years and his salary is $1200, which may be increased by a 
vote of the supervisors of the towns in the supervisory 
district. He is also allowed not more than $300 for his 
expenses. 

C. Powers and Duties. — 1. He sees that the boundaries 
of his district are plainly described ; 2. assembles the 
teachers of his district for conferences on the course of 
study, or other matters pertaining to the work of the 
schools; 3. inspects the work of the schools in his dis- 
trict and reports to the Commissioner of Education ; 
4. holds meetings with the trustees to help and advise 
them; 5. directs trustees to make alterations or repairs 
necessary to the school buildings, not to exceed $200 in 
any one year. 6. Under the direction of the Department 
of Education, he examines and licenses teachers. 7. He ex- 
amines charges against a teacher, and 8. makes an annual 
report to the Commissioner of Education. 

III. Trustees. 

Each school district elects one or more trustees to have 
charge of the affairs of the district under the supervision of 
the district superintendent. He « hires and pays teachers, 
adopts text-books, spends the funds of the district as he 
may be directed, and in general carries out the orders of the 
annual meeting of the district. The term of office of the 
trustee varies in different districts. He is paid no salary. 

IV. The Attendance Officer. 

He is appointed annually by the trustees of the district, 
and sees to the enforcement of the compulsory education 
law. His salary varies in different districts. 



NEW YORK STATE GOVERNMENT 7 

CHAPTER III 

THE TOWN— A STUDY OF ITS ACTIVITIES 

The Town. — A Town by its very nature implies that there The town. 
be some means of communication to reach it. The towns- 
people must draw upon the outlying farms for their sub- Dunn, 
stance. Not only must there be good roads, but the bridges ^^clttTn 
across the streams must be well built and kept in order that p. 104. 
transportation to the various centers of industry may be 
certain, for the surplus products of industry mean much or 
little to the producer according to his chances of getting them 
to market. From the farms comes the food supply of the 
nation, and from the farms, the mines, and the forests come 
raw materials for manufacture. Ninety per cent of every 
load of any kind must have been carted at some time or 
other over a road. (See Ashley. American Government, 
pp. 131-132, good and bad kinds of roads. Note picture 
opposite p. 132.) 

Improvement of Roads. — The county and State have now Roads, 
come to understand that all the people are benefited by good 
roads and so they share in the expense of building them. 
The cost of the improvement of public highways is divided Letter from 
between the State, county, and town in the following pro- Departmejit 
portions, according to the assessed valuation of each county wa ys. 
and of each town; the average proportions, taking all the 
counties and towns together, is about 60 % for the State, 
30 c lo for the counties, and 10 % for the towns, although 
there are cases where the town pays 1 %, the county 35%, 
and the State 64 %. The State is improving, at its own sole 
expense, a system of through roads known as State roads, 
toward the cost of which the county and town pay no 
part. 

The State Commission of Highways consists of three Commission 

members appointed by the Governor, to have supervision luh " 

r 5 ' L ways. 

over the entire highway system of the State after their com- 



8 



NEW YORK STATE GOVERNMENT 



Annual 
Report 
of Commis- 
sioner of 
Highivays, 
1909, pp. 40, 
41, p. 31. 



pletion by the State Engineer. The State and county sys- 
tems, above referred to, amount to about 10,000 miles, the 
remainder (about 70,000 miles) being known as the town, or 
earth roads, which are maintained by the moneys raised by 
local taxes plus the donation by the State. These moneys 
are expended by the local authorities under the supervision 
of the Department of Highways. 

The law which created this department provided for the 
establishment of a patrol system to care for each mile of 
completed highway. The work of a patrolman includes the 
repairing of small holes in the roadway, the cleaning of 
ditches and waterways, and the elimination of ruts by the 
application, from time to time, of a wearing coat on the roads. 
They supply themselves with a horse and cart, and patrol 
the roads from eight a.m. to five p.m., being employed 
practically nine months in the year. They patrol about five 
miles of the roadway, and are in charge of the highway in- 
spectors, who supervise from sixty to one hundred miles of 
the improved highways. 

The county superintendent, appointed by the board of 
supervisors, has actual charge of and directs such work as 
may be given him by the department of highways. The 
superintendent of repairs directs and inspects both the 
work of the county superintendent and the highway in- 
spectors, and is responsible directly to the department. 



The town 
meeting. 



Legislative 
branch. 



The Town Meeting 

I. Legislative Branch. — The town meeting is held regu- 
larly once in two years, upon some day between the first of 
February and the first of May, as determined by the board 
of supervisors of the county in which the town is located. 
This is usually the second Tuesday in March of the odd- 
numbered years. (Why ?) It may take place at a general 
election. At this time town officers are elected, by-laws are 
made, money is raised for the support of the poor, and 
finally, the meeting has " power to determine any other ques- 



NEW YORK STATE GOVERNMENT 



tion lawfully submitted." This meeting is the legislative 
branch of the town government. 

II. The executive branch consists of the following officers, 
elected at the town meeting for terms of two years. 

1. Supervisor. (Chief Executive.) 

A. Compensation: Two dollars per day when acting 

for the town. Four dollars per day when acting 
for the county. 

B. Duties : (1) He receives and pays out all money 

raised for the public work of the town (except 
that used for highways and the poor of the town) ; 
(2) represents the town in the board of super- 
visors ; (3) acts as a member of the town board ; 
(4) once in three years helps to prepare a list of 
persons eligible to act as jurors. 

2. The Toivn Clerk. 

A. Compensation : Two dollars per day when engaged 

in town business, and certain fees. 

B. Duties : (1) He is the custodian of town records. 

(2) He records births, deaths, and marriages, and 
files such papers as are required by the law to 
be on record in his office ; e.g., chattel mortgages. 

(3) He acts as a member of the town board; 

(4) assists the supervisor in preparing lists of 
jurors ; (5) acts as secretary at the town meeting. 

3. TJiree Assessors. 

A. Compensation : Paid for the actual days' work done. 

B. Duties : (1) They fix the value of property that is 

liable to taxation. (2) With the town clerk and 
supervisor they prepare jury lists. 

4. Collector. 

A. Compensation : Fees, and a commission on money 

collected. 

B. Duties : He collects all money raised by taxation, 

and pays it over to the officials elected to re- 
ceive it. 



Executive 
branch. 

Supervisor. 

Town Laio, 
art. 5, sees. 
80, 82, 85. 



Town clerk. 



Assessors. 



Collector. 



10 



NEW YORK STATE GOVERNMENT 



Overseers 
of the poor. 



Inspectors 
of election. 



Constable. 



Town board. 



Judicial 
branch. 

Justices of 
the peace. 



5. One or Two Overseers of the Poor. 

A Compensation : Two dollars per day. 

B. Duties: In every town are certain unfortunate 
people who need help. This they may obtain by 
applying to the overseer of the poor, who may 
at his discretion give needy persons food or other 
necessaries of life, or remove them to the county 
poorhouse, to be provided for at the expense of 
the town. 

6. Inspectors of Election. Four at each polling place (two 

from each of the chief political parties). 

A. Compensation : Paid by the day. 

B. Duties : They receive the official ballots from the 

voters, place them in the ballot boxes, and count 
the votes at the close of the election. 

7. The Constables (not to exceed five). 

A. Compensation : Paid by fees. 

B. Duties : They are elected at the town meeting to 

preserve order in the town. They may arrest 
persons accused of crime, and also carry out 
legal orders of a justice of the peace ; e.g. tak- 
ing charge of a jury that is trying a case in a 
justice's court. 

8. TJie Town Board. 

The supervisor, town clerk, and two or more justices 
of the peace constitute the town board, which passes 
upon the accounts of the town officers and also upon 
the accounts presented against the town. Appeals 
from its decisions may be made to the board of 
supervisors. 
III. The judicial branch of the town government consists 
of four justices of the peace elected for four years. 

A. Compensation: They are paid by fees or by the 

day. 

B. Duties: (1) They hear and determine lawsuits 

when the sum sued for does not exceed two hun- 



NEW YORK STATE GOVERNMENT 11 

dred dollars. (2) They try persons for minor N. Y. State 

offenses. (When either party demands it, the Constltn - 

v . n . tion, art. VI, 

justice may summon a jury of six men to try seC s. 17 and 

the case.) (3) They have power to issue war- 19 - 

rants, and to hold a person charged with crime 

to await the action of the grand jury. 

The town meeting may vote to spend the town money for Town 

any needful improvements, but no question which involves nance - 

the spending of the town money may be proposed after two 

o'clock in the afternoon (Why ?), and any proposal to spend 

more than $500 must be voted on by ballot. 



CHAPTER IV 

THE VILLAGE 



" Stltdexts should make a study of the particular natural 2T. Y. State 
advantages which have caused the relatively close settling of ^!^ us in 
a number of families in a small area. They should note that p. 138. 
the new conditions made necessary by this crowding to- 
gether of population include the following : macadamized 
or paved roads, sidewalks and curbs, sewers, street lights, 
water supply, removal of refuse, street cleaning, fire protec- 
tion, care of public health, administration of justice, graded 
or higher schools." 

Students should study the following points as they arise 
in their particular village : — 

Is the lighting of your village under public or private 
control ? 

What are the relative advantages of each method ? (See 
Ashley, American Government, pp. 67-68.) 

Is the water supply under public or private control ? (See 
Ashley, American Government, p. 68.) 

How are each of the new conditions mentioned above cared 
for in your village ? 

What improvements would you suggest, and why? 



12 



NEW YORK STATE GOVERNMENT 



Classes 
of villages. 



Village 
charter. 



Laws of 
N. Y., 1909, 
Chap. 6i. 

N. Y. State 
Constitu- 
tion, 
art. XII, 
sec. 1. 



Legislative 
depart- 
ment. 



Executive 
depart- 
ment. 



Classes of Villages. 

There are four classes of villages : — 

First class, 5000 or more population, 
Second class, 3000 to 5000 population, 
Third class, 1000 to 3000 population, 
Fourth class, less than 1000 population. 
The village, though a distinct organization, is a part of the 
town, and as such the inhabitants should participate in the 
town meeting, and in the election of the supervisor and other 
town officers. When the people of a certain territory have 
voted to join themselves into a village, they decide upon its 
boundaries, how it is to be governed, and arrange this plan 
in accordance with the provisions of the Consolidated Village 
law, which regulates the chartering of villages. The village 
officials are elected at an annual meeting held on the third 
Tuesday in March. (Why is the election held at this time ?) 

Outlixe of Village Government 

I. The Legislative Department. 

This department consists of the board of trustees, — 
varying in number according to the class of the vil- 
lage, — together with the village president. The 
president is elected annually, and the trustees for 
two years, one half of their number being chosen 
at each annual election. 

A. Compensation : The president and trustees serve 

without pay. 

B. Duties: The board has the power to make the 

laws for the village, and to direct the expen- 
diture of the public money. In general, it 
regulates the questions caused by the new con- 
ditions arising from the incorporation of the 
village. 
II. The Executive Department. 
1. Tlie Village President. 

He is the head of the village police and fire 



NEW YORK STATE GOVERNMENT 13 

departments, and sees that the laws of the vil- 
lage are carried out. He may sue in the name 
of the village for any sum due it. 

2. The Treasurer. 

He receives and pays out the village money. 

3. The Village Clerk. 

He acts as clerk to the board of village trustees, 
and takes charge of the village records. 

4. TJie Assessors and Collector. 

They have the same duties as the town officers of 
the same names, except that they act for the 
village instead of the town. 

5. The Street Commissioner. 

He has charge of the streets and sidewalks, and 
sees that they are kept clean and in proper re- 
pair. In winter he attends to the removal of 
snow and ice from the walks and streets. 

6. The Board of Health. 

It appoints a health officer to supervise matters 
of public health, e.g. the quarantining of con- 
tagious diseases, vaccination, etc. 
The above officers are chosen for one year, and 
their compensation is usually fixed by the board 
of trustees. 
III. The Judicial Department. 

This branch of village government may be placed in Judicial de- 
the hands of a police justice; elected for four P artment - 
years, who has the same powers as the justice of 
the peace. In many towns the justices of the 
peace serve in place of a police justice. 



14 



NEW YORK STATE GOVERNMENT 



CHAPTER V 



JV. Y. State 
Syllabus 
in Civics } 
p. 138. 



Streets 
and other 
utilities. 

Dunn, Com- 
munity and 
the Citizen, 
pp. 112-113. 



Rights and 
duties of 
the citizens. 



THE CITY 

(See Ashley, American Government, Chap. V.) 

"Students should make a study of the natural advan- 
tages and other conditions which have caused their place of 
residence to become a city. They should note that ques- 
tions other than those of village and town arise for settle- 
ment. They should note what those questions are, how they 
are solved in their own city, and compare the practice of 
other cities within and without the State." 

The Streets and Other Utilities. — The street is the cen- 
tral element of the city's life. Here meet all classes of 
people ; here are found all the various means of transporta- 
tion. The different corporations make use of the streets as 
indicated by their franchises, using either the surface of the 
street, as the street railway corporations do, or the ground 
beneath the streets, as do the gas, telephone, and telegraph 
companies. 

The underlying principle governing the use of the streets 
is that they belong to the people, and because of this fact, 
the people have certain rights and duties in regard to the 
thoroughfares. Citizens have the right to protection from 
harm while they are using the street in pursuit of their 
business, yet this protection must be given in such a way 
that it will interfere with no one else, e.g. they have no 
right to collect in crowds that might interfere with traffic, 
for this is interference with the rights of others. 

It is the duty of each citizen to do his part to help in the 
keeping of the streets clean by not adding unnecessary 
refuse, or by spitting in the street, thereby spreading dis- 
ease, and in general to understand that as the underlying 
principle which governs the streets is that they are for the 
use of the people, so an axiom of that principle is that they 
must be used with regard to the rights of others. 



NEW YORK STATE GOVERNMENT 15 

Many cities have traffic regulations which govern the 
manner in which pedestrians and vehicles must proceed. 
Street cars and automobiles must not move faster than a 
certain limit of speed, all vehicles must keep to the right, 
etc. Offenders against such ordinances are liable to fine 
or imprisonment as well as suits at law for any damage 
arising from accidents brought about by disregard of the 
rights of others. 

For the protection and convenience of the citizens the 
city government attends to the lighting of the streets either 
by a municipal plant, or by a contract with a private com- 
pany. (See Ashley, American Government, pp. 68 and 
69.) It attends to the paving of the streets, and their 
repair, and to their cleaning and flushing. 

The health of the city is another important consideration. 
Sewers must be built and kept in repair, and the garbage, 
ashes, and other refuse must be disposed of. (See Ashley, 
American Government, pp. 110-111. Note illustration op- 
posite p. 111.) The water supply must be kept uncon- 
taminated, and there must be enough, not only for house- 
hold use, but for protection against fire. (See Ashley, 
American Government, pp. 68 and 109.) 

In case of the foregoing utilities, there should be a dis- N. Y. State 
cussion of public vs. private ownership. In case of the lat- Syllabus 

2.72, C^lVlCS 

ter a discussion of the manner of obtaining a franchise. p . 139. 

What officials have control of these utilities in your city ? 

How did they obtain office ? 

Do they perform their duties properly ? If not, how may 
they be made to do so? 

What are the traffic regulations ? 

What is the ordinance in regard to spitting on the public 
streets or in public places? 

What can you do, personally, to make your city better 
governed, cleaner, and more beautiful ? 



City 
finances. 



Prelimi- 
nary esti- 
mate. 

JST. Y. State 
Constitu- 
tion, art. 
XII, sec. 1; 
art. VIII, 
sec. 10. 

City debts. 



JST. Y. State 
Constitu- 
tion, art. 
VIII, sec. 10. 



16 NEW YORK STATE GOVERNMENT 

City Finances 

(See Ashley, American Government, Chap. XII, "State and Local 
Finance," pp. 143-155.) 

A city has certain sources from which it derives its reve- 
nue, e.g. licenses, fines, fees, rentals of public property, taxes, 
and special assessments. (See Ashley, American Govern- 
ment, pp. 147-149, the real estate and personal tax, and 
p. 148 — fine print — the tax rate.) 

Before the tax budget is passed by the common council, 
a preliminary estimate, i.e. an itemized statement of all the 
money required for the use of the city during the year, is 
presented to the proper officials (Who are they in your 
city?), who receive or reject the various items, and then 
submit the final estimate to the common council. 

A city cannot incur any indebtedness except for local 
purposes, nor can a city give away money or property, or 
loan its money or credit to aid any individual or corpora- 
tion. The amount of debt at any time cannot exceed ten 
per cent of the valuation of the real estate of the city. In 
cities of over 100,000, the tax must not exceed two per cent 
of the value of the property in the city. 



Outline of City Government 

Executive I. Executive Department. 

department. ± The May0K 

The mayor. A. He is elected by the people of the whole city. 

B. At least once a year, he must submit to the 
common council (of which he is a member 
and also presiding officer, in some cities), 
a general statement of the condition of the 
city in relation to its government and finances, 
recommending such measures as he deems 
expedient for the welfare of the city. 

He appoints certain officers, and also has the 



NEW YORK STATE GOVERNMENT 17 

power to suspend certain of the officials, ex- 
cept the members of the common council. 
Each ordinance passed by the common coun- 
cil must be presented to him for his sig- 
nature, and such an ordinance cannot be 
enforced without it. If he sees fit, he may 
veto any ordinance presented to him. He 
must carefully watch the financial transac- 
tions of the city, and know the reason for each 
item in the tax budget. He must sign all 
city bonds. Above all else he must see that 
the laws are faithfully executed. 
2. Tlie Comptroller (Controller.) The comp- 

A. He is elected by the people of the whole city troller - 

in some cities. In others his duties are as- Charter of 
sumed by the mayor, or combined with those Tro V- 
of the city treasurer. (What are the condi- 
tions in your city ?) If the city has a two- 
fold financial department, his duties are as 
follows : — 

B. He is the chief financial agent of the city. As 

such he audits and certifies all accounts and 
claims against the city, computes and extends 
in the proper books the tax rate for the city, 
and advertises and sells city bonds. He is 
required to keep an account between the city 
and the treasurer of all money received and 
disbursed by the treasurer; to receive daily 
reports from him as to all receipts and dis- 
bursements, and monthly reports as to his 
bank balances, and a statement of currency 
on hand at the close of business at the end of 
each month; to make a quarterly report to 
the mayor and common council of the finan- 
cial conditions of the city, and a general 
yearly report of the finances. 



18 



NEW YORK STATE GOVERNMENT 



The 
treasurer. 

Charter of 
Syracuse. 



The 

corporation 

counsel. 



The city 
engineer. 

Charter 
of Troy. 



Depart- 
ments of 
public 
safety. 



3. TJie Treasurer {the City Chamberlain). 

A. He is elected by the people of the city, or he 

may be appointed by the common council. 

B. He receives all money due to the city from any 

source, and must not pay it out unless a war- 
rant signed by the proper officer is presented 
to him. 

4. TJie Corporation Counsel (the City Attorney). 

A. Appointed by the mayor, or elected by the 

people of the city. 

B. He is the legal adviser of the common council, 

the officers and departments of the city, and 
he defends it in any suit brought against it. 
In general he attends to all law business of 
the city. 

5. The City Engineer {not in all cities). 

A. Appointed by the mayor. 

B. He performs all the ordinary engineering and 

surveying services of the city, in which the 
skill of his profession may be useful. 

6. Fire, Police, Health, and Building Departments,. 
The administration of the fire, police, health, and 

building departments is carried on by various 
boards or officials in the different cities. They 
obtain office by appointment by the mayor or other 
city official, or by election by the people of the city. 
E.g. in Troy the department of public safety is in 
charge of a commissioner of public safety, who 
appoints the chief of police, the chief of the fire 
department, the fire marshal, and the health officer. 
In Buffalo the department of police is in charge 
of the commissioners of police, who, in time of 
need, are given the powers of a sheriff. 

The custom of the cities of the Sta.te varies to 
such an extent that the student should investigate 
these departments in his own city. 



NEW YORK STATE GOVERNMENT 19 

The duties of the officials of these departments 
are as follows : — 

a. The Fire Department. Fire 

"It is the first object of the fire department to department. 

extinguish fires, save lives and property from Statement 

the ravages of fire, and in the performance *£ Patrick 

° ; r Byron, chief 

of this work the entire responsibility rests of fire de- 

with the chief of the department. He has P® rfme "f> 
authority to close traffic, and the police and 
firemen at such times are under his control 
and direction. If the blowing up or destruc- 
tion of buildings adjacent to any property 
burning will be for the best interests of the 
community at large, he has full power to 
cause this to be done. He can stop trains, 
trolleys, and all traffic in any threatened dis- 
trict, even the United States mail trains. He 
acts in a similar capacity to a general of an 
army, with the only difference that he is 
fighting fire instead of men." (From a 
statement made to the civics class of the 
Troy High School by Patrick Byron, chief 
of the fire department of the city of Troy.) 

b. The Police Department. Police 

This department is under the direct control of de P artment - 
a chief of police, who has entire charge of N. Y. State 
the men in his department, and the enforce- Syllabus 

r 1 in ClVlCS, 

ment of the laws. p. 139. 

The duties of the police are divided into 
two classes, preventive and protective. 
Under the first come their duties to arrest 
suspicious persons, and by their presence as 
representatives of the law to prevent crime. 
Their protective duties consist in patrolling 
the streets of the city, and in rendering aid 
in putting down disorder and protecting life 



20 



NEW YORK STATE GOVERNMENT 



City poor, 
sick, and 
injured. 

The health 
department. 



Department 
of buildings. 

Charters of 
Troy and 
Glens Falls. 



Department 
of public 
works. 



and property. (See Ashley, American Gov- 
ernment, pp. 104-107.) 

Care of the poor, city institutions, care of 
the sick and injured. (See Ashley, American 
Government, pp. 119-124.) 
c. The Health Department. 

It has charge of the regulation and care of 
the sale of milk, exposure of foods to the 
dust and dirt of the city, and the stopping 
of the sale of impure foods. It guards 
against the spread of contagious diseases, 
and quarantines houses if necessary. It may 
have ordinances passed by the common 
council regulating the actions of infected 
persons ; e.g. spitting on the sidewalks, in 
cars, or in public places being made punish- 
able by a fine. 
d. Building Laws and Permits. 

This department of the city government has 
charge of the erection of all buildings within 
the city limits. It issues permits for this 
purpose, sees that the streets are not * 
encroached upon, tears down buildings it 
deems unsafe, and sees that the buildings 
of the city are built and kept in a safe con- 
dition. (For questions arising from tene- 
ments, see Ashley, American Government, 
p. 110.) 
7. Hie Department of Public Works. 

The officers of this department of city government 
vary in their manner of obtaining office, and in 
division of their duties, as do those of the pre- 
ceding departments. 

Under their control comes the care and build- 
ing of the city streets, their lighting and cleaning, 
the waterworks, the sewers, and the parks. (As 



Syracuse, 
and Troy. 



estimate 
and supply. 



NEW YORK STATE GOVERNMENT 21 

indicated above, the student should make an in- 
vestigation of these departments, noting officials 
in charge of each, term of office, how chosen, 
salary, and duties. Compare with other cities.) 

8. The Board of Education. Education. 

A. The members of this board are appointed by the charters of 
mayor in some cities, and in others the office is Rochester, 
elective. 

B. It has charge of the school system of the city. 

It deputes its powers to a superintendent of 
schools, who selects teachers, arranges courses 
of study, etc. This department is in close re- 
lation with the state department of education. 

9. The Board of Estimate and Apportionment (not in Board of 

all cities). 

A. This board consists of the mayor, comptroller, 

Charter 

corporation counsel, president of the common f T 
council, and the city engineer. 

B. It has charge of the financial affairs of the city, 

e.g. all ordinances of the common council pro- 
viding for the debts of the city must first be 
presented to this board. It determines sala- 
ries of the city officers, and prepares the pre- 
liminary estimate of the amount of money 
needed for the expenses of the next year. It 
also prepares the final estimate. 
10. T7ie Assessors. 

For their duties, see town and village assessors. 
II. The Legislative Department. The legisla- 

The law-making body of the city is called the Common tive de P art - 
Council. Its make-up varies ; e.g. in Buffalo it consists of 
two houses, a board of councilmen, and a board of alder- j^ u f a i 
men. In Elmira there are two aldermen from each ward; Troy, Glens 
in Troy an alderman from each ward ; and in Glens Falls 
an alderman at large is chosen in addition to one from each 
ward. In some cities the mayor presides over its delibera- 



Falls, El- 
mira. 



22 



NEW YORK STATE GOVERNMENT 



The judicial 
department. 



Jurisdiction 
in civil 
cases. 

Charters of 
Syracuse, 
Buffalo, 
and Troy. 



Jurisdiction 
in criminal 
cases. 



tions, in others the council chooses its presiding officer 
from its members, and in others the people of the city elect 
a president of the common council. 

What is the custom in your city in regard to the make-up 
of the council and its presiding officer ? 

This body makes the laws for the city, borrows and ap- 
propriates money, and grants franchises and licenses. It 
is limited by the veto power of the mayor. Legislation of 
the State for a city must be submitted to the council which 
must approve the proposed law, but the legislature may 
pass a city law over the veto of the council. 

III. The Judicial Department. 

This department usually has two divisions, the judges 
of civil jurisdiction, and one or more judges of criminal 
jurisdiction. 

In civil cases the court has administrative power over 
actions to recover damages for a breach of contract, for per- 
sonal injury or injury to property, actions arising between 
landlord and tenants, and actions to recover penalties for 
violation of the city ordinances, provided the amount in- 
volved in any of the causes of action is not more than 
$500 ($1000 in some cities). 

In criminal cases the court may issue warrants for 
criminals, and the parties are then arrested and brought be- 
fore it for trial. Any criminal action, e.g. theft, assault, 
defacing trees or buildings, intoxication, carrying concealed 
weapons, gambling, or violation of the excise law, is brought 
before it. After trial and conviction, the court has power 
to punish the offender by a fine not to exceed $100, or 
imprisonment at hard labor for not more than one year, or 
by both. This court must be in session every day in the 
year, so that all prisoners may have an opportunity for 
immediate trial. 

How many justices are there in your city ? 

How do they obtain office ? What is their term of office 
and salary ? 



NEW YORK STATE GOVERNMENT 23 

Cities are divided into three classes : — Classes 

First class, those having 250,000 population or more. of cities. 

Second class, those having 50,000 and less than 250,000. &• Y. State 

Third class, those having less than 50,000. tion 

What are the reasons for this division ? art. XII, 

The city is governed by its charter, which is obtained sec ' ' 

from the state legislature. (For elections in a city, see City charter ' 

Chap. X, Elections.) This is so that a voter may exercise N - Y. state 

his right of franchise intelligently, and keep the wants of tion 

the city clearly before him, not confining himself strictly art. XII, 

to party lines. sec * 3 * 

Several new forms of government are being tried, particu- Cit ^ 

elections, 
larly by Western cities, notably the commission plan. (See 

Ashley, American Government, p. 61, and bibliography at of c i t y ™y_ 

the bottom of the page.) eminent. 



CHAPTER VI 

THE COUNTY 

"The county has important distinctive services. Many 
cases at law go to the county courts. Registration of deeds 
and mortgages, probate and administration of wills, are county 
functions. The main highways and bridges are chiefly 
under county control, outside of great cities, and the county 
is responsible for the preservation of order." 

The county officials are elected by the people of the 
county. 

I. The Legislative Department. Legislative 

The Board of Supervisors. department. 

A. The supervisor is elected by the people of the town Board of 

or city ward in which he lives, and the board of su P ervlsors - 
supervisors consists of one representative from N, Y. State 

each town or city ward in the county. The Co >' 5 ^- 

J J tion, art. Ill, 

term of office is two years. (See above under sec. 26. 
town.) 



24 



NEW YORK STATE GOVERNMENT 



The sheriff. 

XT. Y. 

State Con- 
stitution, 
art. X. sec. 1. 



Posse 
comitatus. 



The county 
clerk. 



B. Duties : The board makes the laws for the county, 
and has charge of its finances, divides towns 
and erects new towns, opens and discontinues 
county highways, erects bridges, and appor- 
tions the expense among the towns in the 
county. 
II. The Executive Department. 

1. The Sheriff. 

A. His term of office is for three years, and with 

no reelection. (Why?) In some counties 
he is paid by fees, in some by fees and 
salary, and in others by salary. (How is he 
paid in your county ?) 

B. Duties : He is the chief executive officer of 

the county, makes arrests of those who have 
offended against the law, and has charge of 
the county jail and its inmates. If rioting 
breaks out in the county, it is his duty to 
stop it, and if necessary he may call out the 
posse comitatus, i.e. all able-bodied men in 
the county over fifteen years of age. If this 
is not sufficient, he may call upon the Gov- 
ernor of the State for the help of the militia. 
He executes the orders and sentences of the 
judges (formerly executing the death penalty 
on condemned murderers), and summons wit- 
nesses and jurors to attend county court. 
He may be removed by the Governor. 

2. The County Clerk. 

A. He is elected for three years, and is paid by 

salary or by fees. 

B. Duties : He has charge of the records of the 

county, and all deeds, mortgages, and wills 
must be recorded by him. (Why ?) He is 
also clerk of the county court. He may be 
removed by the Governor. 



NEW YORK STATE GOVERNMENT 25 

3. The County Treasurer. The county 

A. He is elected for three years, and is paid a treasurer - 

salary fixed by the board of supervisors, or 
by fees. 

B. Duties : He has charge of the money col- 

lected by taxation in the county, and pays 
it out under the direction of the board of 
supervisors. On payment of the legal fees, 
he issues licenses for the sale of intoxicants, 
and on orders from the supervisors, he dis- 
tributes to the towns the State money re- 
ceived for schools. He may be removed by 
the Governor. 

4. TJie District Attorney. The district 

A. He is elected for three years, and is paid a attorne y- 

salary fixed by the board of supervisors. 

B. Duties : He is the law officer of the State in N. Y. 

the county and as such prosecutes persons s j ate Con ' 

J t L r stitution, 

charged with crime, and also presents evi- art. XIII, 

dence to the grand jury. He is the legal sec - 6 - 
adviser of the board of supervisors, but is 
first of all a State officer. He may be re- 
moved by the Governor. 

5. Tlie Superintendent of the Poor (one to three). Superin- 

A. He is elected for three years, and is paid a * endent of 

. the poor. 

salary fixed by the board of supervisors. 

B. Duties : He has charge of the county poor- 

house and its inmates, reporting annually to 
the board of supervisors. 
III. The Judicial Department. The judicial 

(See Ashley, American Government, Chap. VIII, "The de P artment - 
Administration of Justice." Note "the picture opposite 
p. 98.) 

1. TJie County Judge. 

A. He is elected for six years, and his salary varies 
in different counties. 



26 



NEW YORK STATE GOVERNMENT 



N. Y. State 
Constitu- 
tion, art. VI, 
sec. 14. 



iV r . Y. State 
Constitu- 
tion, art. VI, 
sec. 15. 



B. Jurisdiction. He has original jurisdiction over 
all ordinary suits except murder, and in civil 
cases when the sum does not exceed $2000. 
He hears appeals from the justices' courts. 
The Surrogate. 

The work of this court is often performed by the 
county court. If a county has a population of 
over 40,000, a special court is instituted to dis- 
tribute the property of those who have died, to 
those who are entitled to receive it. 



CHAPTER VII 



The State 
constitu- 
tion. 



IT. Y. State 
Constitu- 
tion, 
Preamble. 

Functions 
of the con- 
stitution. 



THE STATE 

I. The Constitution of the State 

There have been four constitutions of the State of New 
York. The first was drafted by a convention of delegates 
which completed its work at Kingston in 1777. These dele- 
gates were chosen by the voters of the State soon after the 
Declaration of Independence, but as the times were perilous, 
they did not submit their work to the people, but imme- 
diately put it into operation. This document was not modi- 
fied until 1821, when the altered conditions of the country 
were met by a revision. A third change was made in 1846, 
and the last took place in 1894, the resulting constitution 
being the instrument of government to-day. 

The reason for the formation of our constitution is found 
in its preamble, " We the people of the state of New York, 
grateful to Almighty God for our freedom, in order to secure 
its blessings, do establish this constitution." 

The constitution is the fundamental law of the State, cov- 
ering all the functions of our daily life. It guarantees our 
personal rights, giving us personal liberty, personal security, 
and the right to private property. It determines our suf- 
frage rights, and the manner and time of exercising them, 




M 

o 

<J 

hf 

O 
H 

H 

Ph 

«! 

Q 

H 
«! 

H 

02 



NEW YORK STATE GOVERNMENT 27 

It creates the three departments of our State government, N. Y. State 

defining their duties accurately, and setting certain limits to s y ll abus 
° ° . m Civics, 

their action. It safeguards our credit, and looks after the pp . 141-142. 

education of the citizens of the State. It also provides a 
way by which amendments may be made to meet the chang- 
ing condition of the times. 

II. Activities of the State 

The State is the great regulator of our everyday life, as State 
Shown activities. 

" A. In its creation and control of: — 

1. The school district, town, city and county, with 
their close relation to our daily life as already 
shown. 2. The personnel of the voting body, 
by fixing its qualifications, even those of voters 
for federal officers. 3. The number, kind, and 
qualifications of the elective and appointive 
officers of the lesser units, including the power 
of removing many city and county officials by 
State authority. 

" B. In its enactment and enforcement of the great major- iV. Y. State 

ity of the laws which govern the citizen in his daily s y llabus 
/ ° J i)i Civics, 

life, such as : — ■ pp. 141-142. 

1. Creating and safeguarding of all civil and prop- 
erty rights, with regulation of transfers and 
inheritances. 2. Creation and control (save 
for interstate commerce) of all corporations. 

3. Special control of all banks and trust com- 
panies save national banks, and of all insurance 
companies and buildings and loan associations. 

4. Control of all common carriers so far as 
traffic within the State is concerned. 5. License 
and control of liquor business. 6. Sanitary 
regulation. 7. Exercise of the right of emi- 
nent domain. 8. Supervision of education. 
9. Authorization of the levying of all taxes for 



28 



NEW YORK STATE GOVERNMENT 



State legis- 
lative de- 
partment. 

N. Y. 
State Con- 
stitution, 
art. Ill, 
sees. 2 and 6. 



Senate and 
assembly. 



The 

assembly. 

The 
speaker. 



State and local purposes. 10. Provision for 
certain portions of the defective, dependent, and 
delinquent classes. " 

III. Organization of the Government 

I. The State Legislative Department. 
(See Ashley, American Government, Chap. VI.) 
The legislature is the source of the law-making power of 
the State. It is divided into two houses, the senate and the 
assembly. (See Ashley, American Government, p. 83.) The 
senate has 50 members, elected for two years, and the assem- 
bly 150 members, elected for one year. The salary of each 
senator and assemblyman is $1500 a year. These represent- 
atives are chosen from senatorial and assembly districts, 
changed after each decennial census, so that each section 
of the State may be equally represented. 
A. TJie Assembly. 
a. The speaker. 

Preceding the meeting of the assembly, its mem- 
bers meet by parties to choose candidates for a 
presiding officer. When the assembly convenes, 
these candidates are voted upon, the one fail- 
ing of election usually becoming the " minority 
leader," i.e. leader of the minority party in the 
house. The power of the speaker is almost as 
great, in its influence on State legislation, as that 
of the speaker of the house of representatives 
was on national legislation until a short time 
ago. He has power to appoint committees, to 
"recognize" a member, i.e. permit his speaking 
on the floor of the assembly (for no member may 
speak on any question before the house unless 
he has the permission of the presiding officer), 
and is the chairman of the committee on rules 
of the house. (See Ashley, American Govern- 
ment, pp. 315-316, on former powers of the 




Senate Chamber, New York State 




Assembly Room, New York State 



NEW YORK STATE GOVERNMENT 29 

speaker of the house of representatives.) The 
speaker does not lose his vote on any question 
by his election to preside over the deliberations 
of the assembly. (Why ?) 
The other officers of the assembly are Officers 

1. A clerk who records the proceedings, of tbe , 

o a 4. 4. i. a assembly. 

2. A sergeant-at-arms who preserves order; e.g. 

among the rules of the assembly for 1910 is 
one which says, " It shall be the duty of the 
sergeant-at-arms at all times to prevent smok- 
ing in the assembly chamber.'' 
3 and 4. A librarian and a doorkeeper. 
b. How a bill becomes a law. How a bill 

Since the rules of the senate and assembly change a e 1 ^ ies 
from year to year, the course by which a bill 
may become a law varies with the differences in 
the rules. The procedure at present is so intri- 
cate and varied that it is not necessary for the 
student to trace the process fully. 

There are, however, certain fundamental steps 
common to both houses which should be noted. 
A bill may be introduced in either the senate or Clerk's 
assembly, or simultaneously in both houses if Mcmual, 
its immediate passage is required; in the assem- 
bly, by the assemblyman in person, or by use of 
the bill box, in which bills may be placed with- 
out a formal motion ; in the senate, the senator 
in person must introduce his bill. Each bill in- 
troduced must bear its title and the name of the 
introducer, so that he may be responsible for it. 
Much bad or foolish legislation is thus avoided, 
as a legislator does not care to have his name 
appear on such measures. 

In each house the bill is read three times (un- 
less the Governor has certified to the necessity 
of its immediate passage), it is referred to a 



30 



NEW YORK STATE GOVERNMENT 



N. Y. 
State Con- 
stitution, 
art. IV, 
sees. 3aud9. 



N. Y. State 
Syllabus 
in Civics, 
pp. 142, 143. 



Committees. 



committee, it must lie on the desks of the mem- 
bers in its final form for three calendar legisla- 
tive days, it may be passed by both houses over 
the Governor's veto, and it may be amended in 
either or both houses. (What is the committee 
of the whole, and what are its functions and 
duties ?) 

The bill having passed, goes to the Governor, 
who may seek expert advice and give public 
hearings, before signing it to make it a law, or 
vetoing it. A bill becomes a law in one of three 
ways ; (1) as above stated ; (2) if vetoed, it may 
be returned to the house in which it originated, 
and then passed by a two-thirds vote of both 
houses, thus becoming a law without the Gov- 
ernor's signature; (3) if the bill is not signed 
within ten days, Sundays excepted, and the 
legislature is still in session, the bill becomes 
a law. If a bill is not signed within thirty days 
after the adjournment- of the legislature, it fails 
to become a law. 

" Several safeguards against hasty and bad 
legislation are to be noted, among them being 
the printing and publicity given to the bill, its 
three readings on three different days, its refer- 
ence to committees, their discussion and public 
hearings on the bill, its revision, if necessary, by 
special committees, and its debate, amendment, 
and possible recommittal to the committee after 
it has been reported for vote." 

The legislative committees. 

The committee system of the State is practically 
the same as that of the nation, except in the 
number of committees and the number on each 
committee. (See Ashley, American Government, 
pp. 305-306.) Among the chief committees are 



NEW YORK STATE GOVERNMENT 31 

those of finance, judiciary, cities, canals, insur- 
ance, railroads, and education. 

B. The Senate, The senate. 
Lieutenant-governor. Lieutenant- 

The presiding officer of the senate is the lieutenant- governor, 
governor, who has a vote in case of a tie. He is N. Y. 
chosen by the electors of the State at the general State F on ~ 

J nn StltUtlOTl, 

election, and succeeds to the office of Governor in art. IV, 

case of his death or inability to act. His salary secs - 6 » 7 > 8 

is $5000 and his term of office is two years. He ■#"• Y. 

must be a citizen of the United States and thirty ^J^^_ 

years old. (Compare the power of the lieutenant- Hon, 

governor with that of the speaker of the assem- art# *J. T ' 

bly.) In case of his absence or impeachment, or 

when he is acting as Governor, the senate chooses 

a president pro tempore to preside over its delib- President 

erationq pro tem P ore 

erauons. and other 

The other officers of the senate correspond to those officers, 
of the assembly. 

The legislature may appoint, or give the Governor Legislative 
power to appoint, commissions to investigate any 
matter whatsoever within the compass of State 
legislation. This may be a commission that is 
composed of members from both houses, or com- 
missions composed of members from either house. 
(E.g. the commission of 1910 to investigate bribery 
in the legislature.) 

C. Powers peculiar to each house. 

1 . The assembly may present impeachments of State -ZV. Y. State 

officials. 2. The senate with the -justices of ff^Zl 

J in Civics, 

the court of appeals acts as the court of trial pp. 143, 144. 
for impeachments. 

D. Powers common to both houses. 

The election of United States senators and members 
of the board of regents. (Joint session.) 



commis- 
sions. 



32 



NEW YORK STATE GOVERNMENT 



Executive 
department. 

The 
Governor. 

jsr. Y. 
State Con- 
stitution, 
art. IV, 
sees. 2, 3, 4. 



N. Y. State 
Syllabus 
in Civics, 
p. 144. 



II. The State Executive Department. 
A. Elective Officials. 
1. The Governor. 
The Governor is elected by the people of the 
State for a term of two years and his compen- 
sation is $10,000 per year. He must be thirty 
years of age and a citizen of the United States. 
(Powers of the Governor, see Ashley, Amer- 
ican Government, pp. 87-89.) "The great im- 
portance of the Governor is due to 

(1) His share in legislation as shown by : a. His 

regular and special messages to the legisla- 
ture. (See Ashley, American Government, 
pp. 88-89.) b. His power to call special 
sessions of the legislature, which have the 
right to deal only with measures indicated 
in the special call. c. His power over a bill 
which has passed the senate and assembly, 
including his power to veto single items of 
an appropriation bill. 

(2) His executive powers are shown (a) by his ap- 

pointment of n large number of administra- 
tive officials and boards charged with the 
duty of carrying out the laws of the State. 
There are eighteen such departments, the 
more important of which are the commission 
of excise, the civil service commission, the 
public service commissions, the superin- 
tendent of banks, and superintendent of 
insurance. b. His power of removal of 
certain State officers with consent of the 
senate, and of certain county and city offi- 
cers independently, e.g. the sheriff, c. His 
control of the militia, d. His power to 
assign justices to special duties, e. His 
power to fill vacancies in certain judicial, 



NEW YORK STATE GOVERNMENT 33 

county, and State offices and to appoint 
United States senators to a vacant seat 
pending election. 
(3) His judicial powers are those of the right of 
reprieve, right of commutation, and the right 
of pardon." 

2. Tlie Lieutenant-governor. (See above.) Lieutenant- 

3. Hie Secretary of State. governor. 
He is elected for two years and his salary is Secr etary 

$6000. ° fState - 

(1) Duties : He has charge of the great seal of the Legislative 
State and the State records. (2) He super- fg^ ua \ 24: 
intends the publication of the State laws, 
directs the taking of the State census, and 
issues certificates of incorporation and re- 
ceives reports from corporations. (3) He 
makes an annual report to the legislature. 
(Compare with the county and town clerks, 
and with the Secretary of State of the United 
States.) 

4. Tlie Comptroller. Comp- 

A. He is elected by the people for a term of two troiier. 

years at a salary of $8000 per year. 

B. Duties : He looks out for the financial interests Legislative 

of the State under the direction of the legis- M ^ nual \ n „ 

& 1910, p. 427. 

lature and Governor, superintending the col- 
lection of State taxes, auditing claims and 
other accounts due to or from the State. He 
must make out a warrant for the State treas- 
urer before that official may pay out any of 
the State money. He reports annually to 
the legislature. (Compare with the city 
comptroller.) 

5. The State Treasurer. Treasurer. 
A. He is elected by the people for two years at 

a salary of $8000. 



34 



NEW YORK STATE GOVERNMENT 



Legislative 
Manual, 
1910, p. 433. 



} Attorney- 
1 general. 



Legislative 
Manual, 
1910, p. 436. 



Engineer 

and 

surveyor. 

Legislative 
Manual, 
1910, p. 439. 



Commis- 
sioner of 
excise. 

Liquor tax 
law, Chap. 
39, Laws of 
1909, sec. 3. 



Civil service 
commission. 



B. Duties : He receives from the comptroller the 
money received by the State and pays it out 
on the warrant of the comptroller. (Com- 
pare with town and county treasurers.) 

6. TJie Attorney -General. 

A. He is elected by the people for a term of two 

years at a salary of $10,000. 

B. He is the legal adviser of the legislature and 

the State officers. He acts as the law officer 
of the State government and as such conducts 
all suits in which the State is a party. (Com- 
pare with the district-attorney of the county 
and the corporation counsel of the city.) 

7. TJie State Engineer and Surveyor. 

A. He is elected by the people for two years at a 

salary of $8000. 

B. He has charge of the surveying and mapping 

of the public lands of the State, superintends 
the engineering department of the State 
canals, and builds the State roads. Since 
the beginning of the Barge Canal the respon- 
sibility of this official has increased greatly. 
He must be a practical civil engineer. (Com- 
pare with the city engineer.) 
B. Officials appointed by the Governor. 

1. The Commissioner of Excise. 

A. The term of office is five years and the salary 

$7000 per year. 

B. Duties: He issues liquor tax certificates and 

collects pay therefor ; receives reports of all 
violations of the liquor law, and in case of 
violation brings action to take away liquor 
licenses and collect fines fixed by law. 

2. TJie Civil Service Commission (3 in number, not 

more than two to be of the same political 
party). 



NEW YORK STATE GOVERNMENT 35 

A. The term of office is not fixed. The salary Legislative 

is §3000. ™Z ual \n* 

. . . i9i0,pp.478, 

B. Duties: (See duties of the United States Civil 479. 

Service Commission in Ashley, American 
Government, pp. 36-38.) 
3. The Commissioner of Labor, Commis- 

A. The term of office is four years, The salary f™™ of 

is S5000. 

B. Duties : His duties come under the heads of Legislative 

(1) Factory inspection. By his deputies, he ^ m '^ 87 
compels manufacturing establishments to 
observe the laws passed for the benefit of 
employees, and the compulsory education 
law. (2) The collection of statistics. He 
finds out the commercial, industrial, and 
sanitary conditions of laboring men and also 
the industrial productiveness of the State. 
(3) Mediation and Arbitration. He tries to 
adjust differences between capital and 
labor. 
4. TJie Superintendent of Banks. Superin- 

A. The term of office is three years and the salary tendentof 

o-aaa banks. 

is $ i 000, 

B. Duties : He has supervision of all banks organized Legislative 

under the laws of the State, and they must 1 g™ a ' 
deposit with him the funds necessary to guaran- pp. 446, 447. 
tee the payment of the bank notes they issue. 
He also supervises savings banks, trust, loan 
and mortgage companies, and building and loan 
associations. He receives from the banks quar- 
terly reports, the other companies reporting 
semiannually. From these reports he makes 
an annual report to the legislature. He must 
give a bond of §50,000 for the faithful discharge 
of his duties, 



36 



NEW YORK STATE GOVERNMENT 



Superin- 
tendent of 
insurance. 



Legislative 

Manual, 

1910, 

pp. 442, 443. 



Public 
service com- 
missions. 

Legislative 

Manual, 

1910, 

pp. 448, 449. 



5. The Superintendent of Insurance, 

A. The term of office is three years and the salary is 

$7000. 

B. Duties : He controls and supervises the insurance 

companies that do business in the State. From 
companies of other States or countries he must 
require a deposit to protect the policy holders 
in the State. 

6. TJie Public Service Commissions. 

A. The public service commissions consist of ten 

commissioners, five constituting the board for 
the first district and five the board for the 
second district. The first district comprises 
the counties of New York, Kings, Queens, and 
Richmond, and the office of the commission is 
in New York. The second district includes the 
remaining counties of the State, and its office is 
in the capitol at Albany. 

The term of office is five years and the salary 
of each commissioner is $15,000 per year. 

B. Duties : The commissions have supervision of the 

telegraph and telephone companies, railroads, 
and companies supplying gas and electricity. 
They have power to regulate the conduct and 
management of common carriers and transporta- 
tion companies, to supervise the maintenance 
and operation of railroads in the State, e.g. rail- 
roads must report all delayed trains with reasons 
for the delay. They investigate all accidents 
which result in the loss of life or injury to 
persons or property, and they hear and inves- 
tigate complaints arising from any who may 
feel themselves injured by the corporations 
under the supervision of the commission. They 
have the right to fix the standard of illuminat- 
ing power and purity of gas, and to examine gas 



NEW YORK STATE GOVERNMENT 37 

and electric meters. They may prescribe uni- 
form methods of keeping accounts, and may 
take summary proceedings to discontinue viola- 
tions of law or orders of the commission. The 
commission of the first district also has charge 
of the work of planning and supervising the 
construction of new subways and elevated rail- 
roads in New York City. 
7. Department of Education. Depart- 

The department of education embraces in its juris- ment °. f 
diction the entire field of educational supervision 
and administration. It is governed by a board of -^ lW y 19og 
regents and a commissioner of education. The Chap. 21. 
commissioner of education appoints three assistant ^ W J °f A 

11 N.Y., 1904, 

commissioners, each of whom has charge respec- Chap. 40. 
tively of higher, secondary, and elementary educa- 
tion. Statutory provisions in regard to education jsr. Y. State 

and State appropriations for educational purposes s v llal)us 
o t i i i • i i i n Civics, 

are oi course made by the legislature, but numerous p# 145. 

powers over matters of detail are delegated to the 
board of regents and full executive and adminis- 
trative powers are intrusted to the commissioner of 
education, both by the legislature and by the board 
of regents. 
(1) TJie Board of Regents. Board 

A. The board of regents is composed of twelve of re g' ents - 

regents of the University of the State of 
New York, chosen for twelve years, with 
no compensation. They are elected by 
joint ballot of the legislature. The present 
board came into power in 1904, when the 
old dual system of educational supervision 
was abolished. 

B. Duties : They incorporate, alter, or revoke 

the charters of the universities, colleges, 
academies, and high schools of the State, 



38 NEW YORK STATE GOVERNMENT 

and require annual reports. Their inspec- 
tors, appointed from a civil service list, visit 
the schools and inspect their workings. 
They establish examinations and may con- 
fer degrees. They supervise the State 
library, State museum, and the State edu- 
cational building. 

Commis- (2) The Commissioner of Education, 

sioner of j^ jj e j s elected by the regents of the University. 

educatl0n ' His salary is $7500, with $1500 for ex- 

penses. 
B. Duties : He appoints his subordinates, has 
general supervision of schools and school 
officials, and distributes the State appro- 
priations for education. 
His judicial powers are both original and 
appellate, and no appeal in regard to school 
laws, or other matters pertaining to schools, 
may go beyond him. 

The State III. The State Judiciary. 

judiciary. j^. k ag j ur i sc [i c tion beyond the power of the justices, 

city and county courts, and on appeal from 
them. 

Supreme 1. TJie Supreme Court. 

court - A. The State is divided into nine judicial dis- 

N - Y - tricts, each of which elects a number of 

State Con- , . -, « on 

stitution supreme court judges lor terms ot iourteen 

art. VI, years. The salary is $7200 a year. (Ex- 

cept in New York and Kings counties.) 
Each judge holds court by himself. (What 
is the number of supreme court judges in 
your district ?) (Compare with the Supreme 
Court of the United States.) (See Ashley, 
American Government, p. 353.) The juris- 
diction of this court is both original and 
appellate. 



sec. 1. 




M 

o 

pf 

- 

a 
o 



p 

o 



« 
Ph 

P 
tf2 



NEW YORK STATE GOVERNMENT 



39 



2. The Appellate Divisions. 

The State is divided into four judicial districts, in 
each of which there is a court consisting of 
certain judges selected by the Governor from 
the supreme court judges of the State. No 
more than five justices may sit in any case 
and the agreement of three is necessary to a 
decision. The jurisdiction of this court is 
strictly appellate. 

3. The Court of Appeals. 

This is the highest court in the State, and consists 
of seven justices chosen by direct vote of the 
people of the whole State. Their term is for 
fourteen years, and their salary is $10,000 
each. (The chief justice $10,500.) Each jus- 
tice is allowed $3700 for expenses. This 
court convenes in the capitol at Albany and is 
almost continuously in session. It deals only 
with questions of law; except in criminal cases 
where the punishment is death, it may review 
questions of fact. A judge of the court of ap- 
peals may be removed by a two-thirds vote of 
' both houses of the legislature. 

4. The Court of Claims. 

This court consists of three judges appointed by 
the Governor with the consent of the senate, 
for terms of six years, at a salary of $8000 
each. Its jurisdiction covers private claims 
against the State, and of the State against a 
claimant. A State cannot be sued in a court 
of law by one of its own citizens or by the 
citizens of another State, and therefore this 
court is constituted to settle such claims. 
IV. The House of Governors. 

It has been pointed out that there is a serious diffi- 
culty in the double system of government which rules the 



Appellate 
courts. 

N. Y. 
State Con- 
stitution, 
art. VI, 
sec. 2. 



Court of 
appeals. * 

N. Y. 
State Con- 
stitution, 
art. VI, 
sees. 7, 9. 



Court of 
claims. 

Legislative 
Manual, 
1910, p. 89. 



40 NEW YORK STATE GOVERNMENT 

country. The federal courts and congress have jurisdiction 
over certain matters, and the States are supposed to have 
power over the rest, but in practice there is a neutral 
ground, which is apparently under the sway of neither. 
The very nature of the government makes it impossible for 
certain State concerns to secure proper treatment because of 
the variety of laws in different commonwealths. Divorce, 
banking, pure food, automobiling, conservation, and cor- 
poration control are points of differing doctrine. 

The house of governors affords a solution for these prob- 
lems. While the discussion of topics has no legal force, 
the attempt to formulate model statutes on the subjects 
discussed will cause the governors to make similar recom- 
mendations to their respective legislatures. This will 
mean a growth in similarity of laws and a lessening of the 
present legal tangles. 

In an address before the third annnal meeting of the 
house of governors (1910) Governor Wilson of New Jersey 
said: "The centralization of business necessitates the cen- 
tralization of legislation, and there is no reason why a 
gradual increase in the moral effect of this assembly might 
not bring about an influence from it which would insure its 
suggestions becoming laws in the several States: The only 
means of preventing the constant increase of federal power is 
in the development of such a conference and system as this. 
The leadership of the Governor will more and more meet 
with a response from legislatures, and business and the 
public will be served by such annual meetings." (See Ash- 
ley, American Government, pp. 162, 163-170, and illustra- 
tion opposite p. 162.) 

CHAPTER VIII 

GOVERNMENT OF NEW YORK CITY 

The city of New York is governed by a charter obtained 
in 1897, when the city of Greater New York was formed, 



NEW YORK STATE GOVERNMENT 41 

It was amended in 1901, and several amendments have been 
added since. It was necessary that this charter be explicit 
in all its details, for it governs more people than there are 
in some of the States, and its mayor has almost as much 
power as a governor. 

The city is divided into five boroughs : Manhattan, the Boroughs. 
Bronx, Brooklyn, Queens, and Richmond A mayor, charter of 
controller, and president of the board of aldermen are N - Y - Cit v> 
elected by the whole city, and in addition each borough sec> 2# 
chooses a borough president, and each ward chooses an 
alderman. 

I. Legislative Department. 

1. Board of Aldermen. 

As in other cities the board of aldermen constitutes 
the legislative body of the city, and the five bor- 
ough presidents may share in its deliberations 
with no right to vote. It meets once a month or 
at the special call of the mayor. 

The members are chosen for a term of two years at 
an annual salary of $2000. Any vacancy that 
may occur among the members is filled by elec- 
tion by a majority of all the members elected, of 
a person who must be of the same political party 
as the member w r hose place has become vacant. 
A majority of all the members constitutes a 
quorum. 

2. The President of the Board of Aldermen. President 

A. He is elected by the people of the whole city for of the board 

J , . in of aldermen, 

a term of four years and receives a salary of 

<s>zf\f\n Charter of 

^ DUUU - City of 

B. Duties : Whenever the office of mayor is vacant JV. r., 

for any cause the president of the board of p ' 18 ' lld 
aldermen acts as mayor, possessing all his 23. 
rights and duties (e.g. during the illness of 
Mayor Gaynor the president of the board of 
aldermen was acting mayor). 



42 



NEW YORK STATE GOVERNMENT 



The city 
clerk. 

Charter 
of City 
ofN. Y., 
Chap. II, 
sees. 28, 31, 
32. 



Executive 
department. 

The mayor. 



Charter 
of City 
ofN.Y., 
Chap. IV, 
sec. 94, 
Chap. V, 
sees. 115- 
127. 



Borough 
president. 



3. The City Clerk. 

A. He is appointed by the board of aldermen for a 

term of six years at a salary of $7000 a year. 

B. Duties : He keeps the records of the board of 

aldermen, has charge of all the papers and 
documents of the city, keeping public record 
of the granting of all franchises by the board. 
He keeps the seal of the city, and signs all 
leases made of city property. He may be re- 
moved by a two-thirds vote of all the members 
of the board. 
II. The Executive Department. 

1. The Mayor. 

A. He is elected by the people of the city for a 

term of four years at an annual salary of 
$15,000. 

B. Duties : He appoints the heads of the fifteen 

executive departments of the city govern- 
ment (except that of finance) and other city 
officers. In his annual message to the board 
of aldermen he may recommend measures to 
be acted upon by it. 

He may remove any of his appointees 
(with some few exceptions), for no public 
officer holds office for a specific term except 
as provided in the charter. It is his duty to 
be vigilant and active in causing the laws 
both of the State and the city to be exe- 
cuted. He may be removed from office by 
the Governor. 

2. The Borough President. 

A. He is elected by the inhabitants of his borough 
for a term of four years and receives an 
annual salary of $7500 in Manhattan, the 
Bronx, and Brooklyn, and $5000 in Queens 
and Eichmond. 



NEW YORK STATE GOVERNMENT 43 

B. Duties : He has the power of appointing vari- Charter 

ous minor officers. Within his borough, he °^ ^t ty 

of N. Y., 
has control of the building and repairing of Chap. IX, 

streets, and the issuing of permits to builders Title *> 
and others to use the streets. He has charge 
of the sewers, and the location, construction, 
and maintenance of public buildings. In the 
boroughs of Queens and Richmond, the bor- 
ough president has practically all the powers 
of the commissioner of street cleaning in 
the boroughs of Manhattan, the Bronx, and 
Brooklyn. 

3. Tlie Controller. Controller. 

A. He is elected by the people of the city for Charter 

four years and receives an annual salary of °f ^l ty v 
115,000. Chap.Vi, 

B. He has entire charge of the city's financial Title x > 

affairs, which include six bureaus under the 
care of the following heads, whose titles in- 
dicate their duties (except as stated below) : 
(1) Collector of city revenue and the super- 
intendent of markets. (2) Receiver of taxes. 
(3) Collector of assessments, e.g. water 
rents and arrears. (4) Auditor of accounts. 
(5) The chamberlain. He has charge of the City cham- 
reception and safe keeping of all moneys paid Derlain - 
into the treasury of the city, and pays out 
such money on the warrants of the con- 
troller as are countersigned by the mayor, 
and serves at the mayor's pleasure, receiving 
a salary of $12,000. (6) Supervising statis- 
tician and examiner. 

4. The Board of Estimate and Apportionment. Board of 
It consists of the mayor, controller, president of est J mate 

J 7 7 L and appor- 

the board of aldermen, and the five borough tionment. 
presidents. It makes up the budget of amounts 



44 



NEW YORK STATE GOVERNMENT 



Charter of 
the City 
ofN.Y., 
Chap. VI, 
Title 5, 
sec. 226. 

Corporation 
counsel. 

Charter 
of N. Y., 
Chap. VII, 
sec. 255. 

The police 
department. 

Charter 
ofN.Y., 
Chap. VIII, 
sec. 270. 



Commis- 
sioner of 
street 
cleaning. 

Charter 
ofN. Y., 
Chap. XI, 
Title 3, 
sees. 533, 
534. 



estimated to be required to pay the expenses of 
conducting the business of the city. 

5. Hie Corporation Council. 

A. He is appointed by the mayor and serves at his 

pleasure, receiving a salary of $15,000. 

B. He has charge of all the law business of the 

corporation and is the attorney for the city 
and its officers. He has power to name his 
assistants. 

6. The Police Department. 

A. The head of the police department is called 

the police commissioner. He is appointed 
by the mayor and serves for five years. 
His salary is $7500. 

B. Duties : He appoints four deputy commis- 

sioners at salaries of $4000 each. He has 
control of the government, administration, 
disposition and discipline of the police de- 
partment. 

7. Hie Commissioner of Street Cleaning. 

A. He is appointed by the mayor and serves at his 

pleasure, receiving a salary of $7500 a 
year. 

B. Jurisdiction and Duties : He has charge of 

the sweeping and cleaning of the streets of 
the boroughs of Manhattan, the Bronx, and 
Brooklyn. He attends to the removal of 
ashes, garbage, or snow and ice from the 
leading thoroughfares within the above- 
named boroughs, in so far as may be found 
practicable. He has charge of the street 
cleaning force, and looks after the disposi- 
tion of garbage and such refuse as may accu- 
mulate in the city streets. (See Ashley, 
American Government, illustration opposite 
p. 110.) 



NEW YORK STATE GOVERNMENT 



45 



The heads of the other departments of the executive 
branch of the government are the commissioner 
of bridges, commissioner of parks, commissioner 
of correction, fire commissioner, commissioner of 
docks, commissioner of health, tenement house 
commissioner, members of the board of educa- 
tion, and the president of the board of taxes and 
assessment. They are all appointed by the 
mayor, and serve during his pleasure. Their 
salaries are $7500 each, except the commissioner 
of parks, who receives $5000, the commissioner 
of docks, who receives $6000, the president of 
the board of taxation and assessment, who re- 
ceives $8000, annually, and the members of 
the board of education, who serve without pay. 
Their titles indicate their duties. 
III. The Judicial Department. 

1. The Municipal Courts. 

a. There is a justice in each district of the city, 

elected by the electors of their district for a 
term of ten years. Their salary is $8000 
a year in Manhattan, the Bronx, and Brook- 
lyn, and $7000 in Queens and Richmond. 
If the justices of Queens and Richmond 
serve in any of the other boroughs, they 
receive $10 a day in addition to their salary. 

b. Its jurisdiction is entirely in civil matters 

covering cases involving up to $500. 

2. The inferior courts of criminal jurisdiction consist 

of: — 

a. The court of sjjecial sessions. 

b. The city magistrates' courts. 
a. The Court of Special Sessions. 

1. In the court of special sessions there are a chief 
justice and fourteen associate justices. They 
are appointed by the mayor for ten years. 



Other execu- 
tive officers. 



The judicial 
department. 

Municipal 
courts. 

Charter 
o/N. Y., 
Chap. XX, 
Title 2, 
sees. 1351, 
1355. 



Court of 

special 

sessions. 



46 



NEW YORK STATE GOVERNMENT 



Laws of 
iV. Y.,*1910, 
Chap. 659, 
arts. II, III. 



Children's 
court. 



City 

magistrates' 

court. 

Laws 
of XT. F., 
Chap. 659, 
art. IV. 



The salary of the chief justice is $10,000 
a year. 
2. Duties and Jurisdiction : The chief justice has 
the general supervision of all the business of 
the court, presides and is entitled to vote at 
all meetings of the justices. He assigns jus- 
tices to the courts in which they sit and the 
act (Chap. 659, laws of New York, passed 
, June 25, 1910) further says : " In assigning 
justices to sit in the children's courts he shall 
have regard for the fitness of the justice so 
assigned, and so far as practicable, shall make 
such assignments for substantial periods of 
service in a children's court." 

The court has exclusive jurisdiction to hear 
and determine all charges of misdemeanor 
committed in the city (except libel and cer- 
tain specified cases), to remit fines imposed 
by it, and the substituting of imprisonment 
for the fine. It may compel the attendance 
of witnesses, and examine the insane. One 
of the most important courts is the children's 
court, and the charter specifies very clearly 
and carefully the duties of the court in regard 
to the arraignment of children aud the juris- 
diction over them. All the trials in the court 
of special sessions are without a jury. 
b. TJie City Magistrates 1 Courts. 

1. There are two divisions of these courts, one to 

include Manhattan and the Bronx, and the 
other includes Brooklyn, Queens, and Rich- 
mond. In each division is a chief magistrate 
at a salary of $8000, and sixteen city magis- 
trates appointed by the mayor for a term of 
ten years at a salary of $7000. 

2. Duties and Jurisdiction : The duties of the 



NEW YORK STATE GOVERNMENT 47 

chief city magistrate correspond to those of 
the chief magistrates of the special sessions. 
A magistrates' court is held daily in every 
court district from nine a.m. to four p.m., 
and a special night session for men and also 
one for women from eight p.m. to three a.m. 
On election days the courts are open until the 
polls close. 

They have jurisdiction oyer those charged 
with non-support or abandonment, push-cart 
peddlers selling without a license, persons 
charged with public intoxication, disorderly 
conduct, or vagrancy, and those charged with 
violations of the sanitary code. 



CHAPTER IX 

STATE FINANCE 

i 

State Debts. — The constitution outlines very clearly the State debts, 
limitations on the State's indebtedness. It may contract 
debt to meet ordinary deficits or failures in revenues (but 
not to exceed §1,000,000), to repel invasion, suppress insur- 
rection, or defend the State in war. The contraction of other 
debts must be authorized by law. The vote on such a ques- iV\ T. 
tion must be taken by ayes and noes, and the question is 
" Shall this bill pass, and ought the same to receive the sane- art. VII, 
tion of the people ? " The law cannot take effect until it secs - 1 ~ 4 - 
has received a majority vote of the people of the State, and 
no such vote can be submitted to be voted on within three 
months after its passage by the legislature. (Why ?) {E.g. 
the question of financing the Barge Canal was submitted 
to the vote of the people.) 

State Budget. — The budget of the State includes expenses state 
for carrying out the work of its three great departments, and bud » et - 
in addition includes a sufficient amount for the support of 



State Con- 
stitution, 



48 



NEW YORK STATE GOVERNMENT 



JST. Y. State 
Syllabus 
in Civics, 
p. 146. 



Report of 
State Comp- 
troller, pp. 
xxxviii-xlii. 



Tax on cor- 
porations. 



Excise tax. 

Laws 
ofN. Y., 
Chap. 39 
(Laws of 
1909), sees. 
8, 9, 10. 



Stock trans- 
fer tax. 

Report of 
State Comp- 
troller, 1909, 
pp. xxxiv, 
xvi. 



the prisons and reformatories, charity, education, the militia, 
and for the repair or building of public works. 

Revenues. — The revenues of the State come from differ- 
ent sources ; the organization of corporations and their cur- 
rent business, the inheritance tax, the transfer of stocks, the 
liquor tax, licensing of automobiles, the tax on racing asso- 
ciations, tax on recording mortgages, and the property tax. 
(See Ashley, American Government, pp. 136-137.) 

The tax on corporations is assessed in three different 
ways. 

1. A charge is made at the time of organization of one 
twentieth of one per cent on the capital stock. 

2. If the corporation is organized in another State or 
country, a charge of a prescribed per cent is laid upon its 
capital stock for the privilege of doing business in the 
State. 

3. An annual charge of a prescribed per cent is made on 
the capital stock. 

The excise tax is received from a graduated charge for 
licenses to sell liquor, based upon the population of various 
municipalities, and from fines and penalties for breaking the 
excise laws. The State receives one half the total revenues 
from these sources, the other half going to the supervisor of 
the town, or treasurer of a city in which the traffic is car- 
ried on. 

Stock Transfer Tax. — The larger part of the tax on trans- 
fers of stock is received from sales of stock on the New York 
Stock Exchange, the Consolidated Stock Exchange, and the 
Curb market. It is secured by the use of adhesive stamps 
which must be placed on each document which shows a 
transfer of stock. Under the same head comes the inheri- 
tance tax, which levies a tax on the transfer of any property 
of the value of $500 when the transfer is by will or by the 
intestate laws of the State. If the property is of the value 
of $10,000 or more, and willed to a near relative, e.g. father, 
mother, husband, or wife, a tax of one per cent on the market 



NEW YORK STATE GOVERNMENT 49 

value of the property is levied. Property bequeathed to a 
religious corporation is not taxed. 

The taxes from the above sources entirely relieve at pres- 
ent the taxation of the property of individuals for State pur- 
poses. When laid, the property tax is a general charge upon 
all taxable property in the State. There are many evils at- 
tendant upon such a tax, particularly illegal valuation of 
property and the impossibility of enforcing the law concern- 
ing it. Several substitutes have been offered, among them 
being the income tax, by which a person's income is directly 
taxed. 

How a Tax (including Property Tax) is Levied. How a tax 

1. After the assessors (see above : town, village, and 1S raised - 

city assessors and their duties) have made out the lists of Laws 

. of N. Y., 

taxable property in their districts, the tax rolls are put in chap. 60, 

the hands of the supervisors of the various counties. secs - 50-63. 

2. The board of supervisors then act as a board of equali- 
zation, i.e. they increase or diminish the total valuation 
enumerated in each assessment roll, so that each town may 
bear its just proportion of county and State tax. The county 
clerk then reports to the State comptroller a statement of 
the total valuation of the county. 

3. The State comptroller gives the statements of the coun- 
ties to the State board of equalization, which consists of 
the commissioners of the land office and the State board of 
tax commissioners, and this body makes an equalization 
of the valuations of the counties. 

4. The State comptroller then apportions the State tax 
levied by the legislature among the counties, and sends the 
amount to the county clerk. 

5. The board of supervisors ascertains the amount of 
money to be raised for the. county expenses, adds to it the 
amount of the State tax and apportions this among the vari- 
ous towns and cities in the county in proportion to their 
equalized valuation. 

G. To this amount the board of supervisors then adds the 



50 



NEW YORK STATE GOVERNMENT 



Exempt 
property. 

Laws 
ofN.Y., 
Chap. 60, 
sec. 4. 



amount to be raised for the town expenses, and the whole 
amount is collected by the town collector. After the budget 
is made up in a city, the amount is sent to the board of su- 
pervisors, which adds to it the State and county tax, and 
the whole is paid to the city treasurer. (In some cities the 
county and State taxes are paid to the county treasurer, the 
city tax being paid to the city treasurer.) The following 
property is exempt from taxation : — 

1. Property of the United States. 

2. Property of the State, except its wild lands in the for- 

est preserve. (These are taxed for educational pur- 
poses.) 

3. Property of a municipality held for public use ; e.g. 

cemeteries. 

4. The lands in an Indian reservation owned by the In- 

dian tribe occupying them. 

5. The real property of an association organized exclu- 

sively for the mental or moral improvement of men 
or women ; e.g. schools, churches, etc. 

6. The real property of an agricultural society permanently 

used by it for exhibition grounds. 

7. The real and personal property of a minister or priest 

who is engaged in performing his duties as such, not 
to exceed $1500. 



CHAPTER X 



Qualifica- 
tions of a 
voter. 



ELECTIONS 

(See Ashley, American Government, Chap. II, "The Selection of Public 

Officials.") 

Qualifications of a Voter. — The right to vote is not an 
inherent one, but it is conferred by the people. Many States 
have restrictions on the right of franchise. In New York 
State all voters must be registered, i.e. several days before 
election their names must be enrolled in books provided for 



NEW YORK STATE GOVERNMENT 51 

the purpose, showing where :hey reside, and their qualifies- H 

tions for voting. In towns of over 5000 inhabitants this ®*?* e Con ' 

must be done personally. Chinese, aliens, those of unsound art. n. 

mind, and women are excluded from exercising the franch: 

No person who is guilty of bribery, who is directly or in- % mYm „ 
i. i • * - * -. n -. i Slate Om- 

directly interested in any bet upon the result of the election, gutution, 

op who has been convicted of a felony (unless restored to art - xni r 
the rights of citizenship) has a right to register or vote. 
To be legally qualified to vote a person must also have re- 
sided in the State one year, the county for four months, and 
the election district for thirty days before election. 

Election Districts. — In order that the elections may be 1 
carried on readily and that the people may be truly repre- Jjf . 
sented, the State is divided into various districts. The whole 727. 
State constitutes one district for federal officials and for the 
major State officials. (Make a list of the kinds of election Districts. 
d:s:ri;:s. 

Th e time of election : : _ : ' . -. '. : zz -. : -:- : . : list 1 i cts varies. (Why ?) Time of 
General elections, i.e. elections in which the entire popula- eke* 10115 - 
tion of the State takes a part, are held in the fall, the first 
Tuesday after the first Monday in November. At this 
election are chosen the State senators and assemblymen, 
judges of the supreme courts court of appeals, representat: 
in congress, and the presidential electors. Town elections, 
the annual school meeting, and the elections in some of the 
third class cities are held in the spring. Cities of the first 
and second class hold their elections in the odd-numbered 
years at the time of the general election. (Why ?) 

The Primary. — The meeting of the members of the The 
different parties to choose candidates for office and to choose " Primary- 
men who are to govern their party is called the "Primary." Fuller 
This is the basis of representative and party government. ^ 
It is the function of the primary to elect delegates to the 1 
party conventions which are called to nominate candidates 
for office and to frame "platforms n embodying the principles 
of the party. It also chooses delegates to party commit- 



52 



NEW YORK STATE GOVERNMENT 



Fuller, Gov- 
ernment by 
the People, 
pp. Ill, 112. 



Nomination 
by petition. 

Fuller, Gov- 
ernment by 
the People, 
pp. 73-76. 



How a vote 
is cast. 

Fuller, Gov- 
ernment by 
the People, 
p. 87. 



tees, which are authorized to act in the name of the party 
which they represent. (Why should a voter attend the 
primaries ?) (See Ashley, American Government, pp. 19-21, 
for the primary and direct nominations.) 

The primaries nominate representatives to the county and 
assembly district conventions; the county and assembly 
district conventions send representatives to the congressional, 
senate, and State conventions ; and the congressional conven- 
tions choose two delegates to the national convention. 
Besides the delegates chosen in the different conventions 
the party candidates for office in that particular district are 
put in nomination. 

The Petition. — The great majority of the candidates are 
nominated in these conventions, but to protect the independ- 
ent voter, candidates may be nominated by petition; i.e. a 
petition following certain legal formalities may be circulated, 
and if it obtains the requisite number of names, varying 
with the office, then the one so nominated may have his 
name placed on the ballot, and be voted for as other candi- 
dates. 

Voting. — In order that voting may be carried on legally, . 
the actual casting of the ballot is in charge of several 
officers. In New York City there are four members of the 
board of elections, appointed by the mayor. Their term of 
office is for two years and their salary is $5000. Not more 
than two members of this board may be members of the 
same political party. The board receives certificates of 
nominations which all candidates must obtain, prepares and 
prints the official ballots, selects polling places, receives and 
tabulates election returns, and issues certificates of election. 
In other parts of the State this work is done by the county 
and town clerks. (In several cities the work is done by a 
commissioner of elections.) 

To distribute the ballots and supervise the voting, four 
election inspectors, two poll clerks, and two ballot clerks are 
appointed, equally divided between the two leading parties 



NEW YORK STATE GOVERNMENT 53 

of the State. These election officials are chosen by the 
leaders of their party, and the names submitted to the 
mayor, who makes the appointments. In towns they are 
appointed by the town board, where the term of office is one . 
year. In cities it is two years. It is the duty of the in- 
spectors to see that the election laws are enforced, to pre- Laws of 

serve order, to receive and deposit ballots, and to count the ^: Y '' 

x Chap. 17 

votes. The poll clerks keep a record of the voters, entering and amend- 

their names in the poll books, together with the number of ments of 

1910. 

the ballot which he voted. The ballot clerks deliver the 
ballot to the voter and keep a statement of how many bal- 
lots were voted, how many were spoiled, and how many were 
returned. The total number of votes should be the same on 
the reports of the inspectors and the ballot clerks. When 
voting machines are used, the duties of the election officials 
are rendered much easier. (See Ashley, American Govern- 
ment, illustration and description opposite p. 24.) The bal- 
lots must be of uniform appearance, the names of candidates 
being printed in black ink in columns under the party emblem 
and name. As soon as the voter receives the ballot he goes 
alone to the voting booth, unfolds the ballot, and if he wishes 
to vote a " straight ticket/' marks it with a black lead pencil 
with a cross within the circle. If he wishes to vote a " split 
ticket," he makes a cross in the black square before the name 
of the candidate for whom he wishes to vote, but not in the 
circle at the head of the column. The mark must be en- 
tirely in the circle or square and be made of two straight 
lines crossing each other. (Why ?) After he has marked 
the ballot he refolds it as it was when he received it and 
hands it to the inspector, who tears off the stub upon which 
the ballot number is printed, depositing the stub in a box 
prepared for it, and putting the ballot in the ballot box. At 
the close of the polls the ballots are counted and a return of 
the result made to the proper officer. The final computa- 
tions are made by the city, county, and State board of can- Boards of 
vassers. The county clerk makes three copies of the vote canva8Bers « 



54 



NEW YORK STATE GOVERNMENT 



Care of bal- 
lot boxes. 



Campaign 
expenses. 

Fuller, Gov- 
ernment by 
the People, 
Chap. VIII. 



cast for State officers except assemblymen, and sends one 
copy to the Governor, one to the secretary of State, and one 
to the State comptroller. The Governor and comptroller give 
their copies to the secretary of State, who summons the State 
board of canvassers to meet on or before December 15 follow- 
ing a general election. This board, consisting of the secre- 
tary of State, attorney-general, comptroller, State engineer 
and surveyor, and State treasurer, canvasses the vote, and 
then the secretary of State issues certificates of election to 
the successful candidates. In this State a plurality, not a 
majority, is necessary for an election to office. (See Ashley, 
American Government, p. 25.) (What is a plurality ? What 
is a majority?) 

Ballot Boxes. — The ballots, after being counted, are re- 
placed in the ballot box, which must then be locked and 
sealed. The boxes are sent to the custodian of elections, 
who is required to keep them for six months following the 
election. The seals may be broken and the votes examined 
only by order of a court, or by a legislative committee. In 
case of a contested election this may be done and a recount 
of votes made. 

Expenses of a Campaign. — To carry on an election cam- 
paign, money is needed for certain legitimate purposes. The 
rent of halls, the payment of speakers, newspaper advertise- 
ments, and reasonable expenses of the committeemen, the 
publication of posters, lithographs and literary material, — 
all these come under the head of legitimate expenses. In 
theory this necessary sum is raised by voluntary contribu- 
tion. Each candidate, however, is expected to contribute a 
certain amount to the campaign fund, this amount being 
limited by law ; e.g. the candidate for governor may contrib- 
ute not more than $10,000; State senator not more than 
$2500; assemblyman not more than $1000; any other 
elective officer of a county, city, or town or village $500 if 
the total number of votes cast in the district at the last 
preceding election of governor was 5000 or less. 



NEW YORK STATE GOVERNMENT 55 

Within ten days after election, every candidate is required 
to file a sworn statement showing in detail all the money he 
has spent to aid his election. He must state the names of 
the persons who received the money and the purpose for 
which it was contributed or spent. These statements are 
to be filed with the secretary of State if the candidate is 
voted for in more than one county, otherwise with the 
county, town, city, or village clerk, as the case may be. 

Comparison of State Governments. — See Ashley, Amer- 
ican Government, Chap. XIII, " The Sphere of State Activ- 

ity." 



INDEX 



Aldermen, of city, 21 ; of New York 

City, 41; president of, 41. 
Appellate Court, 38. 
Assembly, 28 ; powers peculiar to, 31. 
Assessors, 9, 13, 21. 
Attendance officer, 6. 
Attorney general, 34. 

Bills, 29. 

Borough, 41 ; president of, 42. 

Buildings, 18, 20. 

Charter of state, 23. 

City engineer, 18. 

City government, new forms of, 23. 

City judges, 22. 

Civil service, 34. 

Classes of cities, 23. 

Classes of villages, 12. 

Clerk, of county, 24 ; of New York 
City, 42 ; of town, 9 ; of village, 13. 

Collector, 9, 13. 

Commissioner, of education, 38; of 
highways, 7; of labor, 35; of pub- 
lic service, 36; of street cleaning, 
44; of streets, 13. 

Commissions, 30. 

Committees, 30. 

Common council, 21. 

Comptroller, of city, 17 ; of State, 33. 

Constables, 10. 

Controller, 43. 

Corporation counsel, of city, 18; of 
New York City, 44. 

County, 23; judge, 25. 

Court, of Appeals, 39; of City Mag- 
istrates, 47; of Claims, 39; of 
Special Sessions, 45. 

Debts, of city, 16; of State, 47. 
District attorney, 25. 
District superintendent, 5. 

Education, of city, 21 ; dep't of, 37. 
Elections, city, 23. 
Engineer and surveyor, 34. . 
Estimate and Apportionment, City 

Board of, 21; New York City 

Board of, 43. 

Finance, of town, 12; of city, 16; 

of State, 47. 
Fire department, 18. 



Health, 13, 15, 18, 20. 
House of governors, 39. 

Inspectors of election, 10. 

Justice of the peace, 10. 

Lieutenant governor, 31. 

Mayor, of city, 16; of New York 

City, 42. 
Municipal courts, 22 ; of New York 

City, 45. 

Overseers of the poor, 10. 

Patrols, 8. 

Petition, 52. 

Police, 19, 44. 

Police justice, 13. 

Preliminary estimate, 16. 

Primary, 51. 

Public works, 20. 



Roads, 7. 



,5. 



School directors, 

School district, 4. 

School meeting, 4. 

School trustees, 6. 

Secretary of State, 33. 

Senate, 28, 31. 

Sheriff, 24. 

State activities, 27. 

State constitution, 26; functions, 

Street utilities, 14. 

Superintendent, of banks, 35; 

insurance, 36; of poor, 25. 
Supervising districts, 4. 
Supervisors, 9; board of, 23. 
Supreme Court, 38. 
Surrogate, 26. 

Tax, excise, 48; stock transfer, 48; 
how levied, 49; property exempt 
from, 50. 

Town, activities, 7 ; board, 10 ; meet- 
ing, 8. 

Traffic regulations, 15. 

Treasurer, of city, 18; of county, 
25; of State, 33; of village, 13. 



LBMy'll 



56 



SUPPLEMENT TO 
ASHLEY'S AMERICAN GOVERNMENT 



NEW YORK 
STATE GOVERNMENT 



BY 



EDGAR W. AMES, B.A. 

HEAD OF THE DEPARTMENT OF HISTORY, TROY HIGH 
SCHOOL, TROY, N.Y. 



